Crew rights

Conductor Injury Rights: FELA Protections for Train Crew

Last updated 21 June 2026

Conductors and other train crew face hazards every shift — climbing on and off moving equipment, switching cars, walking ballast in all weather, and long hours. When a conductor is injured on duty, the claim is governed by FELA (45 U.S.C. §51), which gives crew far stronger rights than workers’ compensation.

Informational only. This page provides general legal information, not legal advice. TrainAccidentLawyer.us is not a law firm and no attorney–client relationship is created by reading it. FELA cases turn on their specific facts and on current law; consult a licensed attorney in your jurisdiction before acting.

Crew are covered: Conductors, brakemen, switchmen, and other operating crew are railroad employees under FELA. An on-duty injury is a FELA claim against the railroad — with a low causation bar, uncapped damages, and no assumption-of-risk defense.

How conductors and crew get hurt

Falls from or while boarding moving equipment and locomotives
Coupling, switching, and crush injuries
Slips and falls on ballast, ice, oil, or poorly maintained walkways
Defective handholds, ladders, steps, and grab irons
Cumulative knee, hip, shoulder, and spine injuries over a career
Hearing loss and toxic exposure from years in the environment

The rights a conductor has under FELA

A fault-based claim with a low bar. The railroad is liable if its negligence played any part in the injury (featherweight standard).
Uncapped damages. Medical, lost wages and earning capacity, pain and suffering, disability — see FELA damages.
No assumption of risk. Doing a dangerous job does not forfeit the claim (45 U.S.C. §54).
Comparative fault only reduces, never bars. See comparative negligence.
Stronger claim if equipment was defective. A Safety Appliance Act or Locomotive Inspection Act violation removes the fault reduction.

Protection against retaliation

Separate from FELA, the Federal Railroad Safety Act (FRSA, 49 U.S.C. §20109) protects railroad employees from retaliation for reporting an on-the-job injury or a safety hazard. A railroad may not lawfully discipline a conductor simply for reporting an injury or seeking medical care. This is a different claim from FELA but often arises from the same facts.

Report accurately, and know your rights. You must report the injury, but you are not required to give a recorded statement on the spot or accept a quick settlement. See what to do after a railroad injury.

Right	Source
Sue the railroad for negligence	FELA, 45 U.S.C. §51
Low causation bar	Rogers v. Missouri Pacific (1957)
No assumption-of-risk defense	45 U.S.C. §54
Fault only reduces award	45 U.S.C. §53
Anti-retaliation protection	FRSA, 49 U.S.C. §20109

Do conductors get workers' comp or FELA?

Conductors and other operating crew are covered by FELA (45 U.S.C. §51), not workers' compensation. An on-duty injury is a fault-based claim against the railroad with uncapped damages.

What rights does an injured conductor have?

A conductor can sue the railroad for negligence under FELA's low causation standard, recover uncapped damages, is not barred by assumption of risk (§54), and has only proportional fault reduction (§53), removed entirely if equipment was defective.

Can a railroad punish me for reporting an injury?

No. The Federal Railroad Safety Act (49 U.S.C. §20109) protects railroad employees from retaliation for reporting an on-the-job injury or safety hazard or for seeking medical care. That is a separate claim from FELA.

What if defective equipment caused my injury?

If a defective railcar appliance or locomotive part contributed, a Safety Appliance Act or Locomotive Inspection Act violation makes the railroad liable without proving negligence and removes the comparative-fault reduction.

Related FELA & railroad-injury guides

Reviewed by the TrainAccidentLawyer.us editorial team

Published by Mustafa Bilgic. Our guides are written for general education and fact-checked against primary U.S. sources — the Federal Railroad Administration, the U.S. Bureau of Labor Statistics, and the text of the Federal Employers’ Liability Act (45 U.S.C. §§51–60). We cite institutions, not anonymous “experts.” This page is informational and is not legal advice.

Injured working as crew?

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